Aide not fired as School Board overrules Tomyn

Published: Wednesday, April 17, 2013 at 5:40 p.m.

Last Modified: Wednesday, April 17, 2013 at 5:40 p.m.

The School Board on Wednesday overturned Superintendent of Schools George Tomyn’s recommendation to fire a teacher’s aide accused of grabbing a third-grader by the shirt collar and yelling at him in the lunch room.

Though the board found Luther Evers did violate School Board policy in this latest case, it decided by a 3-2 vote to implement a 20-day unpaid suspension instead of termination.

Retired educators and board members Carol Ely and Bobby James supported the termination; Nancy Stacy, Angela Boynton and Ron Crawford — all from the business community — voted for suspension.

The decision came after a three-hour hearing. Evers testified he did nothing wrong when he yelled at a rambunctious boy in the lunch line at Anthony Elementary late last year.

Evers said the boy and another classmate had been picking at each other all school year. As they stood in the lunch line, holding trays, they began kicking each other.

That’s when Evers said he approached one of the boys and sternly told him to quit acting out.

“He was loud, he was clear and he was direct,” said Mark Herdman, Evers’ Clearwater attorney. After the hearing, Herdman said his client was pleased with the ruling.

Evers told the board he grabbed a button on the boy’s shirt to control him. Three Anthony Elementary employees — a cafeteria worker, another paraprofessional and a third-grade teacher — testified that Evers grabbed the child by the collar and yelled so loudly they could hear him over a noisy kitchen. They testified Evers was out of control.

The Dec. 6 incident was the third time in a 12-month span that Evers had been disciplined.

In December 2011, Evers received a written reprimand for putting a student in timeout behind a classroom door and a five-day unpaid suspension for “lightly” swatting a Down syndrome child on the butt.

Tomyn’s attorney, Gary Sanders, said after Wednesday’s hearing that he will explore what recourse Tomyn has.

By board policy, only the superintendent hires and fires employees. Only when an employee is up for termination or suspension of more than five days does the School Board weigh in.

It remains unclear if the board’s vote on Wednesday is binding. Tomyn said he could not comment about such employee matters.

Sensing the board was going to override the superintendent, James said it would be a dangerous precedent to vote against the recommendation, considering the evidence was clear that Evers lost control.

Crawford, on the other hand, said he thought the district’s case was weak and that the employee should be reinstated. It was Boynton who offered the motion to reduce the punishment from termination to suspension.

Evers, who teaches reading to many third-graders, testified that he reported the constant unruly behavior to teachers but received no help.

Stacy said Evers was frustrated because he was not getting any support and should not be fired. Boynton said Evers may need counseling for anger, stress and conflict resolution, though such treatment was not mandated by the board’s ruling.

<p>The School Board on Wednesday overturned Superintendent of Schools George Tomyn's recommendation to fire a teacher's aide accused of grabbing a third-grader by the shirt collar and yelling at him in the lunch room.</p><p>Though the board found Luther Evers did violate School Board policy in this latest case, it decided by a 3-2 vote to implement a 20-day unpaid suspension instead of termination.</p><p>Retired educators and board members Carol Ely and Bobby James supported the termination; Nancy Stacy, Angela Boynton and Ron Crawford — all from the business community — voted for suspension.</p><p>The decision came after a three-hour hearing. Evers testified he did nothing wrong when he yelled at a rambunctious boy in the lunch line at Anthony Elementary late last year.</p><p>Evers said the boy and another classmate had been picking at each other all school year. As they stood in the lunch line, holding trays, they began kicking each other.</p><p>That's when Evers said he approached one of the boys and sternly told him to quit acting out.</p><p>“He was loud, he was clear and he was direct,” said Mark Herdman, Evers' Clearwater attorney. After the hearing, Herdman said his client was pleased with the ruling.</p><p>Evers told the board he grabbed a button on the boy's shirt to control him. Three Anthony Elementary employees — a cafeteria worker, another paraprofessional and a third-grade teacher — testified that Evers grabbed the child by the collar and yelled so loudly they could hear him over a noisy kitchen. They testified Evers was out of control.</p><p>The Dec. 6 incident was the third time in a 12-month span that Evers had been disciplined.</p><p>In December 2011, Evers received a written reprimand for putting a student in timeout behind a classroom door and a five-day unpaid suspension for “lightly” swatting a Down syndrome child on the butt.</p><p>Tomyn's attorney, Gary Sanders, said after Wednesday's hearing that he will explore what recourse Tomyn has.</p><p>By board policy, only the superintendent hires and fires employees. Only when an employee is up for termination or suspension of more than five days does the School Board weigh in.</p><p>It remains unclear if the board's vote on Wednesday is binding. Tomyn said he could not comment about such employee matters.</p><p>Sensing the board was going to override the superintendent, James said it would be a dangerous precedent to vote against the recommendation, considering the evidence was clear that Evers lost control.</p><p>Crawford, on the other hand, said he thought the district's case was weak and that the employee should be reinstated. It was Boynton who offered the motion to reduce the punishment from termination to suspension.</p><p>Evers, who teaches reading to many third-graders, testified that he reported the constant unruly behavior to teachers but received no help.</p><p>Stacy said Evers was frustrated because he was not getting any support and should not be fired. Boynton said Evers may need counseling for anger, stress and conflict resolution, though such treatment was not mandated by the board's ruling.</p>